Whereas protocols have been signed between Venezuela on the one hand, and Italy, Great Britain, Germany, United States of America, France, Spain, Belgium, the Netherlands, Sweden and Norway, and Mexico, on the other hand, containing certain conditions agreed upon for the settlement of claims against the Venezuelan Government;
And whereas certain further questions arising out of the action taken by the Governments of Italy, Germany, and Great Britain, in connection with the settle- ment of their claims, have not proved to be susceptible of settlement by ordinary diplomatic methods;
And whereas the powers interested are resolved to determine these questions by reference to arbitration in accordance with the provision of the
convention for the Pacific settlement of international disputes signed at The Hague on the 29th July, 1899;
The Governments of Venezuela and Italy, with a view to carry out that resolution, authorized their representatives, that is to say:
For Venezuela, Mr. Herbert W. Bowen duly authorized thereto by the Government of Venezuela;
For Italy, His Excellency Nobile Edmondo Mayor des Planches, His Majesty the King of Italy’s Ambassador Extraordinary and Plenipotentiary to the United States of America, to conclude the following agreement:
The question as to whether or not Italy, Germany, and Great Britain are entitled to preferential or separate treatment in the payment of their claims against Venezuela shall be submitted for final decision to the tribunal at The Hague.
Venezuela having agreed to set aside 30 per cent of the customs revenues of La Guaira and Puerto Cabello for the payment of the claims of all nations against Venezuela, the tribunal at The Hague shall decide how the said revenues shal be divided between the blockading powers, on the one hand, and the other creditor powers, on the other hand, and its decision shall be final.
If preferential or separate treatment is not given to the blockading powers, the tribunal shall decide how the said revenue shall be distributed among all the creditor powers, and the parties hereto agree that the tribunal, in that case, shall consider, in connection with the payment of the claims out of 30 per cent any preference or pled of revenues enjoyed by any of the creditor powers and shall accordingly decide the question of distribution so that no power shall obtain preferential treatment, and its decision shall be final.
The facts on which shall depend the decision of the questions stated in Article I shall be ascertained in such manner as the tribunal may determine.
The Emperor of Russia shall be invited to name and appoint from the members of the permanent court of The Hague three arbitrators to constitute the tribunal which is to determine and settle the questions submitted to it under and by virtue of thiz agreement.
None of the arbitrators so appointed shall be a citizen or a subject of any of the signatory or creditor powers.
This tribunal shall meet on the first day of September, 1903, and shall render its decision within six months thereafter.
The proceedings shall be carried on in the English language, but arguments may, with the permission of the tribunal, be made in any other language also.
Except as herein otherwise stipulated, the procedure shall be regulated by the convention of The Hague of July 29th, 1899.
The tribunal shall, subject to the general provision laid down in article 57 of the international convention of July 29th, 1899, also decide how, when, and by whom the costs of this arbitration shall be paid.
Any nation having claims against Venezuela may join asa party in the arbitration provided for by this agreement.
Done at Washington this seventh day of May, 1903.
HERBERT W. BOWEN
MICHAEL H. HERBERT
Whereas protocols have been signed between Germany, Great Britain, Italy, the Tnited States of America, France, Spain, Belgium, the Netherlands, Sweden and Norway, and Mexico on the one hand, and Venezuela on the other hand, containing certain conditions agreed upon for the settlement of claims against the Venezuelan Government;
And whereas certain further questions arising out of the action taken by the Governments of Germany, Great Britain, and Italy, in connection with the settlement of their claims, have not proved to be susceptible of settlement by ordinary diplomatic methods;
And whereas the powers interested are resolved to determine these questions by reference to arbitration in accordance with the provisions of the convention for the pacific settlement of international disputes, signed at The Hague on the 29th July. 1899;
Venezuela and Germany have, with a view to carry out that resolution, author- ized their representatives, that is to say:
Mr. Herbert W. Bowen as plenipotentiary of the Government of Venezuela, and The Imperial German Minister, Baron Speck von Sternburg, as representative of the Imperial German Government, to conclude the following agreement:
The question as to whether or not Germany, Great Britain, and Italy are entitled to preferential or separate treatment in the payment of their claims against Venezuela shall be submitted for final decision to the tribunal at The Hague.
Venezuela having agreed to set aside 30 per cent of the customs revenues of La Guaira and Puerto Cabello for the payment of the claims of all nations agains Venezuela, the tribunal at The Hague shall decide how the said revenues shall be divided between the blockading powers on the one hand and the other creditor powers on the other hand, and its decision shall be final.
If preferential or separate treatment is not given to the blockading powers, the tribunal shall decide how the said revenues shall be distributed among al! the creditor powers, and the parties hereto agree that the tribunal in that case shall con- sider in connection with the payment of the claims out of the 30 per cent any preference or pledges of revenue enjoyed by any of the creditor powers, and shall accord- ingly decide the question of distribution so that no power shall obtain preferential treatment, and its decision shall be final.
The facts on which shall depend the decision of the questions stated in Article I shall be ascertained in such manner as the tribunal may determine.
The Emperor of Russia shall be invited to name and appoint from the members of the permanent court of The Hague three arbitrators to constitute the tribunal which is to determine and settle the questions submitted to it under and by virtue of thr agreement. None of the arbitrators so appointed shall be a subject or citizen of any of the signatory or creditor powers.
This tribunal shall meet on the first day of September, 1903, and shall render its decision within six months thereafter.
The proceedings shall be carried on in the English language but arguments may, with the permission of the tribunal, be made in any other language also. Except as herein otherwise stipulated, the procedure shall be regulated by the convention of The Hague of July 29th, 1899.
The tribunal shall, subject to the general provision laid down in Article 57 of the international convention of July 29, 1899, also decide how, when, and by whom the cost of this arbitration shall be paid.
Any nation having claims against Venezuela may join as a party in the arbitration provided for by this agreement.
Done in duplicate at Washington this seventh day of May, one thousand nine hundred and three.
HERBERT W. BOWEN
STERNBURG